Tag Archives: Canada

Wake up Canuck!: The global financial crisis will eventually hit us hard!

Posted on December 23, 2010 | 5 Comments

In the below interview with Max Keiser (maxkeiser.com), Nicole Foss explains to us fellow Canucks that our buck is not immune to the problems others in the world are seeing. We are just at the peak of the bubble, but make no mistake, the bubble will burst:

Canada is on the cusp of the shift from an extreme of complacency born of easy money to the fear of a sudden realization of being desperately over-stretched (“like butter spread over too much bread”, as Bilbo said in The Lord of the Rings). Canadians carry a higher debt load than Americans, as well as using more energy per capita than anyone else in the world (with the worst structural dependency on cheap energy as a result), yet we feel special – insulated from the rest of the world, as if bad things only happen to others. Our bubble is set to implode, as all bubbles eventually do.

Some points from the interview with Keiser:

  • we had 40 year mortgages with no money down
  • 30 yr mortgages with 5% down
  • avg house price in Vancouver is $1 million
  • when you are in the thick of a bubble, you can’t see it (“these are other people’s problems”)
  • Canadians are in more debt than residents of other nations
  • in some cases (esp. Vancouver) 50 to 70% of income goes to pay for mortgage costs
  • Even in St. Johns, NFLD, housing prices have skyrocketed
  • we have deferred the crisis, but not escaped it
  • we are reinsurers in the derivatives market
  • Canadian real estate values could fall by as much as 90% in some areas (what if they even fell by 50%? – how would that impact the average home borrower?)
  • there will be a deflationary credit collapse, where scarce cash will still buy real estate, but at incredibly reduced prices (goodbye easy credit!)
  • our housing industry represents 20% of GDP
  • we sell 80% of exports to the U.S.  so when their economy collapses, it will impact our export market

So Canada, how is it exactly we will come out unscathed?

So, as hyperinflation eventually kicks in for the Americans, it will create a ripple economic tsunami in Canada. What else will happen, according to Mike Maloney (goldsilver.com)? How will the dead cat bounce (Bernanke is dumber than gold)?

Mike says:

  • a $trillion collapse (10%) of U.S. currency supply
  • there will be real deflation (contraction of currency supply)
  • markets in U.S. are “way overvalued” (back into a bubble)
  • the P/E ratios for the S&P are over 20 (bubble territory)
  • dividend yields are a mere 1.9% (dividend yields have not been lower than this dating back to the reconstruction of the market data from 188o to 1998)
  • since 200o, Mike has noticed that global markets are in “lockstep” with whatever direction the U.S. stock market is going – they are interlinked.
  • as the U.S. market goes down, deflation, government panic, and hyperinflation
  • with hard times, people will not borrow and spend, the currency supply will collapse
  • if the Fed buys U.S. treasuries, it represents a debt of the American people to the private Fed Reserve, and it is an inefficient means to borrow (bureaucracy leading to a lag and inefficient way to propel the economy)
  • gold should be measured in how much real estate, stocks, and stuff it can purchase
  • gold is undervalued currently
  • China is encouraging the purchase of gold and silver
  • When China comes into silver, the explosion will be “nuclear” (silver is a very small market)
  • last Bull market was only in North America in the 70′s – this time it is the whole world
  • the spot prices are set by exchanges worldwide
  • GATA has evidence that the U.S. has been selling gold into the markets
  • to keep prices of gold down, a large holder would have to supply China and others seeking large quantities of gold outside the markets.
  • the bulk of the currency supply is not created by Bernanke, but by fractional reserve banking by loans from banks
  • Bernanke does not have control over the free markets – only manipulate them – and it will lead to higher gold prices

The bottom line is hedging against the collapse of the dollar, and rising inflation with real money – gold and silver. That, and food reserves might just save the bacon of your family when the bubble (yes, here in Canada people!) finally hits, and hits hard!

And here is Ron Paul to back this up, that eventually all currencies collapse:

 


→ 5 Comments

Posted in Banking System, Canada, Canadian Politics, Corruption, Money, Politics, US Politics

Tagged , , , ,

Stopping the unstoppable fight!

Posted on September 1, 2009 | 1 Comment

For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here.

Thanks again to the panel at the Make it Seven roundtable rant page for digging deep. Patrick Romanoski, Gregory Galante, Jay Martin, Joe Smith, Bryan Kirkham,Ken Connolly, Corey Schlueter, Aaron Mernick, Wade Tiefenbach,  Jennifer Zarull, and if I have missed anybody, don’t worry , it won’t be because I wanted to, but I will find you! Insight abounds, and is making this summary very easy indeed.

Wind them up and watch them go!

Wind them up and watch them go!

Have you ever had a chance to play the ‘Lemmings’ computer game? I remember one Christmas, they had a version on the internet with little Santa Lemmings, all decked out. You had to build certain paths that kept them safe, and if you didn’t, they didn’t have enough sense to save themselves. Set them on the wrong path, and they’d fall off the edge of a cliff, one after the other, with no ability or concern for trying to find a solution on their own.

To me, the National Hockey League, it’s executive, and employees responsible for trying to stop Jim Balsillie, are acting like those Lemmings. No matter what happens, they continue on the path over the virtual cliff, with no apparent consideration for the ridiculouslness of their own actions. With no apparent concern for the ramifications or long term consequences of what lies ahead.

And, with the changing of the guard in the NHLPA, the writing is becoming even more quickly apparent. There is a mutiny on the bounty in the works.

Can we figure the Lemmings will figure that out? Or, are they headed for the cliff with the same speed as ever?

Part of the problem with the NHL head office, is the arrogant attitude that self policing has earned them. They like to not be told what to do, and they intend on keeping it that way.

Well again, the people ‘they’ serve, the players and the fans are starting to voice an undying opinion that ‘we aren’t going to take it anymore’.

There is a mutiny in the works. Can anybody see it?

Let’s begin with material readily available for fan and player consumption. The depositions of Bill Daly, Gary Bettman, and Craig Leipold.

To start, Mr. Daly…

In deposition, Bill Daly had made a very confident statement  regarding his comments made on May 7th, 2009:

Daly: "We don't usually like to pick fights, but we end them."

Daly: "We don't usually like to pick fights, but we end them."

Reiterated comment from Daly of May 7th :

“Mr. Balsillie is acting again in total disregard of any rules or any structure, I’d be very surprised if the Board would look favorably on the way that Mr. Balsillie has conducted himself in this instance.”

Question from counsel: “Did you make that statement?”

Daly: “Yes, I did.”

And, another quote that Bill Daly had made:

“He makes his own decisions. And he’s making a decision that this is the way he wants to get into the National Hockey League. We don’t usually like to pick fights, but we end them.”

Now, the obvious question to Mr. Daly is, ‘how would you propose to end this fight?’

Let us guess.

You would, as league officials do ANYTHING necessary to end this fight?

After all, Jim Balsillie has decided how he is going to enter the National Hockey League, and Mr. Daly is of obvious opinion that Mr. Balsillie does not have the right to exercise his rights to use legal processes to do just that.

Would that be accurate?

It might even give league officials enough willpower to decide to structure ‘an attack’ to counter this man who does not listen to the league and it’s rules.

Would there be motive to alter and withhold information to suit the needs of a league desperate to stop a man with strong will?

The deposition of Bill Daly continued…..

Q from counsel: “Mr. Daly, are you familiar or did you see the various Kroll Reports that were prepared on Mr. Balsillie?”

Daly: “I’m familiar with them.”

Q: “Have you seen them?”

Daly: “I’ve seen them physically, but I can’t tell you – other than potentially skimming them, I didn’t read them in any great detail.”

Q: “Do you know why there are different versions of the report prepared, one on June 15th, which was of James Balsillie and Heidi Balsillie, and then one on July 23rd, which is just of James Balsillie, and yet another on of July 21st, which was a separate memorandum to Mr. Zimmerman? Do you have understanding of why there are different versions floating around?”

Daly: “No”

Q: “Were you involved in any discussions about taking materials in the Kroll Report out or including some materials in the Kroll Report?”

Daly: “No”

Q: “Do you know why the Kroll Reports were not given to the executive committee or to the Board of Governors before making their decision?”

The document cuts off before we get Mr. Daly’s answer. How appropriate that mishap is. What do you suppose his answer was? Tough one?

Anyhow, May 7th and already directing a bias toward the Board of Governors. Perhaps enough of a bias to ensure the Board members are not given a clear, unbiased amount of information to make a good decision on Mr. Balsillie?

I think Mr. Daly had better take a very important fact into consideration. It isn’t his hide on the line should the Board members be held accountable as directors and league authorities. It is the directors. Nice to be making decisions for them, if that is the case.

On to Mr. Bettman……

In his deposition, Gary Bettman starts to wash his hands. This should be a huge red flag to the Board of Governors, and I will explain more as we go along.

As an employee of the National Hockey League, Gary Bettman reports to the Board of Governors. The problem with any leader reporting to the Board, is the fact that Board Members tend to take the direction of the leader (commissioner in this case), and don’t necessarily ensure they understand all the liability and problems that they, not the commissioner is going to be held accountable for.

So, for Gary Bettman to advise the court what comes next is a key warning to those Board members that you had better obtain good counsel of your own, or it’s their  (Board members) collective and individual hides on the line.

On to the point.

In the deposition, Gary Bettman discussed article 4:

Q: “Is it correct that any ammendment of article 4 has to be evidenced by an instrument in writing signed by all members of the league?”

Bettman: "I have on repeated occasions advised the Board that there's an aspect of article 4 of the constitution which is unenforceable and will not be applied."

Bettman: "I have on repeated occasions advised the Board that there's an aspect of article 4 of the constitution which is unenforceable and will not be applied."

Bettman: “Not necessarily”

Q: “Not necessarily. And why would that be?”

Bettman: “Well, there are a couple of reasons. One, when you’re referring to article 4 of the constitution, it needs to be reconciled with bylaw 36; and secondly, I have on repeated occasions advised the Board that there’s an aspect of article 4 of the consitution which is unenforceable and will not be applied.“

 Is Gary Bettman saying his only obligation is to advise the perhaps stubborn Board members that there are aspects of the constitution that are unenforceable? Is this a ‘washing of his hands’ and responsibility? Would Gary Bettman be better advised to inform the Board that in the current form the constitution is flawed and creates a great potential liability to the members of the Board?

Gary Bettman was under oath. He likely knew there were questions and a line of questioning that would implicate him responsible. What does he choose to do? He washes his hands and defers responsibility to the Board he serves. Board of Directors, this is your wake up call.

It continued….

When asked if he as commissioner had the right to interpret the league rules and establish policies regarding the constitution and bylaws, and that he (Commissioner) had the right to change provisions of the constitution by his (Bettman’s) interpretation, Bettman said:

“If they need to be reconciled either with other documents, resolutions and applicable law, yes.”

I wonder if that law would include the Competition Act of Canada?

So, is Gary Bettman saying he as commissioner has the right to change aspects of the constitution as required by applicable law, in this case the Competition Act of Canada? I would think so.

Regarding article 4.3, the counsel asked a specific question:

“I’m asking you a very narrow question. Has there ever been a written ammendment to that provision of the constitution signed by all members of the league?”

Bettman: “I don’t believe so, but that shouldn’t matter because I’ve advised the board-”

Bettman: “- on repeated occasions that we are not enforcing that provision, and there hasn’t been any objection to that, and in fact, the competition bureau in Canada has affirmed our policy and practice in that regard.”

“There hasn’t been an objection to that”? What about the letter from the Toronto Maple Leafs hand delivered to the office of the National Hockey league in 2006? Was this part of the information given to the Competition Bureau in Canada? Somehow, I think not.

So, Mr. Bettman in 2009 states that there was no objection, but clearly the Toronto Maple Leafs did object.

As pointed out by Patrick Romanoski, methinks we have a problem here. Would this be lying under oath?

Would this include withholding material evidence from the Competition Board of Canada?

I think we leave it for now on those valid issues. We will continue next time with more Gary Bettman deposition analysis, and for Craig Leipold.

The NHLPA got a fresh leader, eh?

Hmmmm……

Well, I must make a final comment to Mr. Bill Daly. Bill, you as a league know how to end a fight?

I don’t think you will be able to ‘end’ this one.

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Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

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Time to send a ‘personal’ email to your MP on the MLSE veto issue (article 4.3 of the NHL Constitution)

Posted on August 31, 2009 | 49 Comments

For the bullet summary, please go here.

 We will be posting comments from MP’s of Canada related to Canadian rights, and the Competition Act

It's time to support Canadian Hockey once again!

It's time to support Canadian Hockey once again!

 

 

This is what our elected officials ‘live for’…..

 To serve the people. Give your local MP a chance to stand up for your voice in Parliament!

We had discussed the idea of using a form letter, but a personally worded letter stating how you feel is always more effective. MP’s will be comparing notes.

Thanks to Corey Schlueter and Bryan Kirkham for their efforts to bring us this information!

  

 

 

 

 Canada

 Click Here to see the list of MP’s to find yours!

Key points to include in your email:

  • Veto rights that Toronto Maple Leafs and MLSE  ‘think’ they have
  • Competition Act and the new issue included to stop the ‘Conspiracy to avoid Competition’, and to fix prices and supply
  • Mention Jim Balsillie and his group, PSE
  • Mention Sheila Copps and her current support and drive to get answers in Parliament
  • Urge your constituent to speak to the press and encourage them to set up press conferences to address this issue
  • Thank your representative for their support
  • Ask them to get back to you personally with a progress report
  • Ask them to brush up on the case by visiting http://haveavoice.makeitseven.ca/rants, and http://makeiteighteh.com, and other mainstream media and blogs.

Alternatively, use one of the emails already sent in the comments below, and change the contents to suit you.

It’s time to help our ‘Braveheart’, Jim Balsillie, and stand united for hockey rights in Canada.

Please make comments in this post below, when you send, and any information you get back! Post your letter if you choose!

Here is a sample letter (courtesy Patrick Romanoski):

Hello Ms. Charlton,

My name is Patrick Romanoski.

Living on Hamilton Mountain, you are my MP.

Ms. Charlton, I need you to work along with the efforts of Sheila Copps, who is looking for answers to the question of illegal veto rights as it infringes on the laws of Canada, and specifically how it applies to the Competition Act.

Section 4.3 of the NHL constitution grants each team exclusive control over its “home territory,” stating that, “no other member of the League shall be permitted to play games … in the home territory of a member without the latter member’s consent. No franchise shall be granted for a home territory within the home territory of a member, without the written consent of such a membership” Since the Coyotes franchise is not “GRANTED” by the NHL, this point is moot, it will be purchased!

The previous section stating, “no other member of the League shall be permitted to play games … in the home territory of a member without the latter member’s consent.” stands on its own. Thus this section is illegal & a pure case of restraint of trade!!!

The Toronto Maple Leafs had a lawyer send a letter to the NHL in 2006, which in essence stated clearly that any team that wants to enter the territory of another must have “unanimous” support of all teams. In other words, MLSE thinks they can stop the locating of a team in Hamilton, as they say it would infringe on their territory.

Jim Balsillie and PSE are looking to purchase the Phoenix Coyotes and move them to Hamilton. If successful in the auction, his company will continue to meet resisitance from MLSE.

According to the Competition Act, any company or companies conspiring to restrict a product or supply of a product could be guilty of a criminal offence. Changes were proposed in March 2009 to effect potential jail time as much as 14 years imprisonment and fines as high as $25 million per occurence.

In a previous review the competition bureau was deliberately misled by the NHL by witholding this letter. Their responses to questioning was therefore not the whole truth and resulted in no wrongdoing being discovered.

This fact added to the facts uncovered in the PSE purchase attempt to move a team to Hamilton suggests a new review under oath is required.

Ms. Charlton, if you could provide clarification on the new changes too, that would be appreciated.

If you would be so kind, please acknowledge receipt of this email, and send progress reports on your efforts.

Thanking you for your representation and help in this matter,

Yours truly,

Patrick

Or, alternatively, Corey Schlueter came up with a terrific one too:

Dear Dr. Albrecht,

I am sure you are aware Jim Balsillie as PSE has made an offer to purchase an NHL team through the US bankruptcy system. While this issue at first seems trivial and of no concern to the Government of Canada; I must assure you that is not the case.

The Toronto Maple Leafs had a lawyer send a letter to the NHL in 2006, which in essence stated clearly that any team that wants to enter the territory of another must have “unanimous” support of all teams. In other words, the Leafs think they can stop the locating of a team in Hamilton, as they say it would infringe on their territory.

According to the Competition Act, any company or companies conspiring to restrict a product or supply of a product could be guilty of a criminal offence. Changes were proposed in March 2009, where potential jail time as much as 14 years imprisonment, and fines as high as $25 million per occurrence.

In a previous review the competition bureau was deliberately misled by the NHL by withholding this letter. Their responses to questioning was therefore not the whole truth and resulted in no wrongdoing being discovered.

This fact added to the facts uncovered in the PSE purchase attempt to move a team to Hamilton suggests a new review under oath is required.

As you can see the issue has become extremely important. MLSE and the NHL wish to protect their market share contrary to the law. Also by blocking this move the NHL is costing Ontario thousands of possible new jobs and the revitalization of Hamilton.

As my MP I am sure this issue is of great concern to you as well and I look forward to your representation in this matter.

Sincerely,
Corey Schlueter

 

→ 49 Comments

Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

Tagged , , , , , , , , , , , , , , , , ,

Time to send a 'personal' email to your MP on the MLSE veto issue (article 4.3 of the NHL Constitution)

Posted on August 31, 2009 | 49 Comments

For the bullet summary, please go here.

 We will be posting comments from MP’s of Canada related to Canadian rights, and the Competition Act

It's time to support Canadian Hockey once again!

It's time to support Canadian Hockey once again!

 

 

This is what our elected officials ‘live for’…..

 To serve the people. Give your local MP a chance to stand up for your voice in Parliament!

We had discussed the idea of using a form letter, but a personally worded letter stating how you feel is always more effective. MP’s will be comparing notes.

Thanks to Corey Schlueter and Bryan Kirkham for their efforts to bring us this information!

  

 

 

 

 Canada

 Click Here to see the list of MP’s to find yours!

Key points to include in your email:

  • Veto rights that Toronto Maple Leafs and MLSE  ‘think’ they have
  • Competition Act and the new issue included to stop the ‘Conspiracy to avoid Competition’, and to fix prices and supply
  • Mention Jim Balsillie and his group, PSE
  • Mention Sheila Copps and her current support and drive to get answers in Parliament
  • Urge your constituent to speak to the press and encourage them to set up press conferences to address this issue
  • Thank your representative for their support
  • Ask them to get back to you personally with a progress report
  • Ask them to brush up on the case by visiting http://haveavoice.makeitseven.ca/rants, and http://makeiteighteh.com, and other mainstream media and blogs.

Alternatively, use one of the emails already sent in the comments below, and change the contents to suit you.

It’s time to help our ‘Braveheart’, Jim Balsillie, and stand united for hockey rights in Canada.

Please make comments in this post below, when you send, and any information you get back! Post your letter if you choose!

Here is a sample letter (courtesy Patrick Romanoski):

Hello Ms. Charlton,

My name is Patrick Romanoski.

Living on Hamilton Mountain, you are my MP.

Ms. Charlton, I need you to work along with the efforts of Sheila Copps, who is looking for answers to the question of illegal veto rights as it infringes on the laws of Canada, and specifically how it applies to the Competition Act.

Section 4.3 of the NHL constitution grants each team exclusive control over its “home territory,” stating that, “no other member of the League shall be permitted to play games … in the home territory of a member without the latter member’s consent. No franchise shall be granted for a home territory within the home territory of a member, without the written consent of such a membership” Since the Coyotes franchise is not “GRANTED” by the NHL, this point is moot, it will be purchased!

The previous section stating, “no other member of the League shall be permitted to play games … in the home territory of a member without the latter member’s consent.” stands on its own. Thus this section is illegal & a pure case of restraint of trade!!!

The Toronto Maple Leafs had a lawyer send a letter to the NHL in 2006, which in essence stated clearly that any team that wants to enter the territory of another must have “unanimous” support of all teams. In other words, MLSE thinks they can stop the locating of a team in Hamilton, as they say it would infringe on their territory.

Jim Balsillie and PSE are looking to purchase the Phoenix Coyotes and move them to Hamilton. If successful in the auction, his company will continue to meet resisitance from MLSE.

According to the Competition Act, any company or companies conspiring to restrict a product or supply of a product could be guilty of a criminal offence. Changes were proposed in March 2009 to effect potential jail time as much as 14 years imprisonment and fines as high as $25 million per occurence.

In a previous review the competition bureau was deliberately misled by the NHL by witholding this letter. Their responses to questioning was therefore not the whole truth and resulted in no wrongdoing being discovered.

This fact added to the facts uncovered in the PSE purchase attempt to move a team to Hamilton suggests a new review under oath is required.

Ms. Charlton, if you could provide clarification on the new changes too, that would be appreciated.

If you would be so kind, please acknowledge receipt of this email, and send progress reports on your efforts.

Thanking you for your representation and help in this matter,

Yours truly,

Patrick

Or, alternatively, Corey Schlueter came up with a terrific one too:

Dear Dr. Albrecht,

I am sure you are aware Jim Balsillie as PSE has made an offer to purchase an NHL team through the US bankruptcy system. While this issue at first seems trivial and of no concern to the Government of Canada; I must assure you that is not the case.

The Toronto Maple Leafs had a lawyer send a letter to the NHL in 2006, which in essence stated clearly that any team that wants to enter the territory of another must have “unanimous” support of all teams. In other words, the Leafs think they can stop the locating of a team in Hamilton, as they say it would infringe on their territory.

According to the Competition Act, any company or companies conspiring to restrict a product or supply of a product could be guilty of a criminal offence. Changes were proposed in March 2009, where potential jail time as much as 14 years imprisonment, and fines as high as $25 million per occurrence.

In a previous review the competition bureau was deliberately misled by the NHL by withholding this letter. Their responses to questioning was therefore not the whole truth and resulted in no wrongdoing being discovered.

This fact added to the facts uncovered in the PSE purchase attempt to move a team to Hamilton suggests a new review under oath is required.

As you can see the issue has become extremely important. MLSE and the NHL wish to protect their market share contrary to the law. Also by blocking this move the NHL is costing Ontario thousands of possible new jobs and the revitalization of Hamilton.

As my MP I am sure this issue is of great concern to you as well and I look forward to your representation in this matter.

Sincerely,
Corey Schlueter

 

→ 49 Comments

Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

Tagged , , , , , , , , , , , , , , , , ,

Legal liability as an individual and a company: Where will Bettman be then?

Posted on August 29, 2009 | 3 Comments

For the bullet summary, please go here.

There are proposed changes to the Competition Act that are compelling. The reason must be based on problems and issues with the current system.

The question is, ‘How far are you willing to go as Board of Governors to back up the whims of the Commissioner? Who would be the ones to ‘go down’?

 

Is the NHL being ‘petty’, or is this more about Peddie?

Richard Peddie: 'For' or 'against' Jim Balsillie?

Richard Peddie: 'For' or 'against' Jim Balsillie?

 Richard Peddie and the MLSE that is!

In the “Butterfly Effect” series of movies, the character can go back in time and try to alter the past. Well, given the chance now, would Peddie have intercepted the sending of the 2006 letter to Gary Bettman that the lawyer representing MLSE sent? At the very least, the lawyer could have checked the spelling of Mr. ‘Betteman’s name’. That must have been more annoying than the letter’s content. Ironically, little research or care in it’s preparation then, which may result in plenty of clockable legal hours now. Funny how that works, eh?

Translation of letter: If the MLSE doesn’t want a team in ‘our turf’, then too bad if all other teams do. Problem: Legal liability imposed by a member of the Board of Governors hanging the other members out to ‘legal’ dry.

In early August the issue of depositioning Peddie came into play:

However, the league wants Judge Redfield T. Baum to reject the proposed deposition of Toronto Maple Leafs owner Richard Peddie.

Attorneys for Canadian billionaire Jim Balsillie want to question Peddie over what role the Maple Leafs might play in the proposed relocation of the Coyotes to Hamilton, Ontario. The league contends the relocation issue is moot because the NHL Board of Governors has overwhelmingly rejected Balsillie as an owner.

 

And, wouldn’t the NHL love to keep the deposition of Peddie a ‘moot’ point, and not have it rear it’s ugly head again. Can Peddie count on this the longer this case takes? Is he a gambling man? How does he like the ‘outside world’?

And, as reported by Globe Sports:

The NHL’s objection, filed with the court yesterday, stated the Maple Leafs abstained from the NHL governors’ unanimous vote on July 29 that rejected Balsillie as an owner. Presumably yesterday’s objection was made to counter Balsillie’s charge that the Leafs are playing a leading role in blocking the move of a team into their territory.

Peddie could not be reached for comment last night.

 

I’m sure he will be unavailable for quite some time too. But, he can’t stay N/A forever!

 

Well, if I were the Toronto Maple Leafs or the Ottawa Senators, I would be wondering the consequences of backing up the league on the issue related to anti-trust and monopoly powers.

 There are laws, and the laws are getting more stringent.

In March 2009, according to Mondaq:

The Government is proposing a long-debated reform to the cornerstone criminal conspiracy section by removing the requirement to show that an agreement among competitors would lessen or prevent competition unduly. Under the new provision, which will make such agreements “per se” illegal, competitors who agree, conspire or arrange among themselves to fix, maintain, increase or control prices or fix, maintain, control, prevent, lessen or eliminate supply of a product or allocate sales, territories, customers or markets for the production or supply of a product, are guilty of a criminal offence. Penalties will be increased to a maximum of $25 million for each count and up to 14 years of imprisonment. A new defence has been created where the agreement is ancillary to a broader agreement and is reasonably necessary to give effect to the broader agreement, provided that the broader agreement when considered alone would not contravene the criminal conspiracy provision. In addition, the common law principles that relate to a defence for regulated conduct will continue to apply to the new provision.

Criminal conspiracy! Criminal conspiracy! Did you hear that? Criminal conspiracy?

Not just collusion as we saw in Phoenix. No, this time we are talking about perhaps more serious consequences including up to 14 years behind bars. Who would be with you in that ‘pen’?

Well, commissioner Gary Bettman is an employee of the NHL. He is hired by the Board of

Will Gary Bettman be responsible for "Conspiracy to avoid Competition" charges and the potential jail term that goes with it? Should the Board of Governors be following the lead of 'the man obsessed?'

Will Gary Bettman be responsible for "Conspiracy to avoid Competition" charges and the potential jail term that goes with it? Should the Board of Governors be following the lead of 'the man obsessed?'

Governors. Ultimately, the Board of Governors and the individual members that make it up are individually and collectively responsible for the operations and the liability of the league as a whole. Not Gary Bettman.

Repeat: Not Gary Bettman. No, you’d be on your own!

This must be made clear to the members of the Board of Governors who want to ‘listen’ and ‘agree’ with the commissioner. He won’t be the one serving time for you if that is the case.

How far will you go, if you are a member of the BOG in this man’s NHL? Will you be willing to undergo examinations in court? Will you be willing to admit things you did not want to admit? Will you be willing to stand up, under oath, and testify that the reason you may have agreed to something is because, and largely due to the fact that ‘all the others were doing it, and I thought I should too’. Is that what it boils down to? Are you listening to an employee exercising his influence to the detriment of your own safety? Good questions BOG members. Better start checking with your lawyers. Good lawyers that is.

Because, here’s the deal.

If you are Eugene Melnyk in Ottawa, and Richard Peddie in Toronto, you and your operations in Canada are subject to the Canadian Competition Act.

Knowing what you know of Balsillie’s persistence, what do you figure the ‘odds’ are that will become a reality, especially if the NHL will drag this out legally for the reported years to come?

As the heads of your organizations, you can now be likely found guilty of a criminal offense to knowingly conspire to keep a competitor out of a territory. That competitor in this case may be Jim Balsillie. Mr. Bettman is an American running an American company, but in Canada, having teams here? A little different.

Is it a good idea to follow a man obsessed?

You may be subject to criminal prosecution for conspiring as two teams, even though you represent a broader league as a whole.

The members representing other teams are not the issue. In this case, the two teams in Ontario (Ottawa and Toronto) are the Canadian issue.

Do you think as companies running in Ontario, you will be able to continue to defer obligation to Gary Bettman, as has been done to date related to issues of article 4.3 of the NHL Constitution? Are you banking on that?

Do you as BOG members in the NHL, but owners of Ontario companies think that you will be immune to the laws of Ontario companies? You had better hope so, but how far are you willing to go?

According to the Hamilton Spectator of August 29th, a very interesting truth became known:

“After repeatedly telling this court that such unlawful veto rights do not exist, both Mr. Bettman and Mr. Daly were forced to admit at their depositions that the Article of the NHL Constitution providing for this veto (Article 4.3) has never been amended in an unanimous writing (as required by the explicit terms of Article 12 of the NHL Constitution) and that the Toronto ownership group has expressly ‘reserved its rights’ and to whether its unlawful veto remains in effect.”

But this week Daly advised the Spectator via e-mail that the board of governors has the final say on the NHL coming to Hamilton.

“Nothing to do with Toronto, or the alleged “veto” right.

OK, so let’s get this straight. We had Mr. Peddie and Mr. Melnyk involved likely in the article 12 ammendment that says article 4.3 must be removed. But, the article 4.3 was never actually removed by some fluke?

Now, we have the MLSE ready to stand by the ammendment (4.3), and take advantage of the fact that it still appears in the constitution, even though both companies (Leafs and Senators) agreed to it’s removal?

Oh, that’s of incredible character, don’t ya think?

And, the Teacher’s Pension Fund owns now 66% of MLSE. What is that supposed to teach the kids? Cheat when you can, and if the teacher gives you a bad mark, but it gets written in the records as a good mark, don’t do the right thing and tell her. Just take advantage of the misfortune. The teachers on Ontario would go along with this? Maybe we should have a referendum on that issue, and have it debated in classrooms everywhere. Good, let’s mark that down for the future, shall we?

OK, so Mr. Peddie wants to ensure the 4.3 that was supposed to be removed but wasn’t should be upheld, and MLSE would sue whoever tried to violate it, including the league it is part of, despite having agreed to it’s removal. For the record? OK.

Well, take a close look at who told us about the fact that it is still there. It wasn’t Mr. Peddie or Mr. Melnyk, it was Mr. Bettman and Mr. Daly, under deposition.

If I was a betting man, which I am not (sorry Eugene and Jeremy), I would guess that the Balsillie camp has got a checklist of strategy. And, once those depositions were obtained from Daly and Bettman, a little check was applied.

The information will surface again, don’t worry.

But, if I were Mr. Melnyk and Mr. Peddie I would be a little worried. Because unlike Mr. Bettman and Mr. Daly, you run corporations in Ontario subject to that nasty Competition Laws Canada has. Nasty stuff, and getting a whole lot nastier.

And, Mr. Peddie and Mr. Melnyk are directors and high ranking officials directly responsible to the laws of Canada. Lots of liablility. Mr. Daly and Mr. Bettman? Not so much.

That 26-0 vote is going to rear it’s ugly head as this goes on, don’t kid yourselves.

So, the bottom line is, if the Ottawa Senators and Toronto Maple Leaf brass are ‘listening’ to Mr. Bettman, don’t expect him to serve the penalty that might be coming your way. You know, the whole ‘together we stand, divided we fall’ thing? That’s right, you will be on your own.

You might get a ‘sorry’ from Bettman and Daly on the ‘we thought the vote would do it’ thing. But that won’t be good enough.

Again, if I were a betting man, I might be inclined to think that the vacation of Richard Peddie, and his conveniently missed attendance in the  26-0 vote was more planned than would seem apparent.

And, the fact that the NHL protected Peddie from being deposed earlier in the procedings may have been to avoid another ‘checkmark’ in the course of legal  ‘to do’ s of the Balsillie legal team.

But,don’t worry Mr. Peddie, they will get you to answer the ‘for or against’ question soon enough.

If I was a betting man, I’d bet on that!

Conspiracy to stop competition? A criminal offense, eh? Sounds a little risky. Especially for those so sensitive about their reputations.

The Ontario hockey market is looking a whole lot smaller, isn't it Mr. Melnyk?

The Ontario hockey market is looking a whole lot smaller, isn't it Mr. Melnyk?

Mr. Melnyk, how would you like a criminal record on your ’character’ resume? Didn’t think so.

How far should you be willing to go as a person to follow the crowd?

 Or, how much should you listen to an employee telling you what to think and how to think it?

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Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

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The Passion that Unites us All!

Posted on August 25, 2009 | 1 Comment
With all your 'passion' Canadians, you'll get over it!

With all your 'passion' Canadians, you'll get over it!

For the bullet summary, please go here.

Just in case things don’t go the ‘Canadian’ Way in the Glendale Court…..

Fellow hockey fans of Southern Ontario, Canada, and the World:

Perhaps we are just not that important.

We can come to that conclusion based on the attitude of the National Hockey League, the Toronto Maple Leafs, the NHL’s Board of Governors, the reporting from major newspapers in the GTA, and others.

We are just not that big a deal.

Who are we kidding? After all, we are hockey nuts, right? Or, are we just nuts that like hockey?

We are powerful and have a strong voice that will really impact the NHL and they had better treat us right. Or, are we just a minor inconvenience that will blow over, and the true hockey fans located for the mostpart in the U.S. don’t know or for that matter, even care that we are upset. Is that it?

It must be OK for the NHL head office and the teams voting against Jim Balsillie to give it to Jim and to us. We’ll get over it. We are true fans, and we really can’t stay away from the game. We will get over it, and flock around our television sets once again when the puck drops next season. We will watch as the cameras scan over the crowds in the sunbelt U.S., strategically placed to ensure it looks like the stands are full.

We will watch, and we will wonder what it would be like to walk up to a ticket booth on game day, and buy some really good seats to see a couple of teams, and a game that looks much faster in person. Those lucky fans, we will think, as we blog, and gossip with other Canadians in Southern Ontario, that gather in front of the TV to watch the Canadian game, in the only way we can. Artificially that is.

We will continue to wonder if the circumstances that surrounded Winnipeg and Quebec City were truly as bad as we would be led to believe. We will wonder how they feel when they, on a Saturday night, gather with their memories and passion, around their collective TV sets to see the game in the only way they now can. Virtually.

We will wonder how they feel as they watch their old teams. Do they still have the passion for their team? The players are mostly if not all gone. Do they still think of the team as ‘their team’? We will wonder because that’s all we can do.

From coast to coast, the Leafs remind us of a passion that unites us all. The Toronto Maple Leafs would hope it was their team that unites us. The question is, does it?

The NHL must know something we don’t. The Toronto Maple Leafs too don’t seem too concerned. They must think this urge and desire to see real NHL hockey in person is a dream we can get over.

We will put our differences aside, and our resentment to the Toronto Maple Leafs organization for the obvious attitude of superiority, and we will learn again to love those Leafs, despite how dismal a display they will have on the ice again this year, like all the other years.

We’ll get over it because we are hockey fans, and they are banking on us not being able to resist the game.

They know we are saps that will continue to take whatever they dish out, and come back. And, if we are lucky, really lucky, perhaps we will win the lottery, and someone will offer to sell us a couple of seats to a Leaf game this year.

We will get over our hope to have hockey for the masses. Where a family can go online and buy a few seats to an upcoming Hamilton game, and treat the family to true, professional hockey. We will survive. Our kids will survive. It’s just the way it must be.

And, we will get over the memory of knowing that the Phoenix Coyotes hockey team to the City of Glendale, AZ was more to do about land and area development, and that ‘that hockey team’ was simply a means to achieve city growth. We will learn to put our differences aside. We will learn to forgive the snow job fed the people of Arizona when the team is relocated. After all, all the hype of the court case by that time will have blown over, and reality will be easier to palate.

We will learn to forgive the notable hockey players in the NHLPA that didn’t squeek a rah rah when we were in time of need. We will learn to forgive the Canadian hockey players that have a better tax deal playing and living in the U.S., because despite the fact they are Canadian, we must forgive the fact they need to bank the millions now, while they are still healthy. We will learn that to be a Canadian playing the NHL game means sacrificing your heritage and patriotic pride.

It is much more important to have NHL hockey in the deep southern United States, where to sell a seat, you must throw in a program, perhaps a burger, and maybe that beer.

It is much more important to see if Gary Bettman and the NHL can get a lucrative TV deal despite the fact that college wrestling stands a better chance.

It is much more important to ensure NHL hockey gets exposed in a geographic manner so that more merchandise can be sold as a novelty to people that don’t really like the game necessarily, but think the clothing looks cool. And, let’s not forget Gary. Gary gets a piece of the profits of that merchandise. That is so important. What were we thinking?

Yes, we Canadians are expected to get over it.

We will not sign petitions, or stop buying merchandise, or revolt against the machine.

Yes, the Toronto Maple Leafs have a slogan, the Passion that Unites Us All!

I guess they will ensure the passion to see hockey will remain a passion to see ‘Leaf’ hockey, come hell or high water.

There may be a new passion building in Southern Ontario, in Winnipeg, in Quebec City, and other parts of Canada.

Will we get over it? They certainly hope so.

The new breed of ‘passion’ of the Canadian hockey fans may tell a different story in the coming days, weeks, months, and years.

There may be a new and improved passion that unites us all. Let’s see what that is!

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What does the NHL and Afghanistan have in common?

Posted on August 8, 2009 | 2 Comments

It’s election time in Afghanistan.

Afghan President Hamid Karzai is doing something he is not used to doing. Leaving his abode to mingle with the people. You see, he must be accountable to them, as he must show he is working for them.

Karzai’s speech, as explained by Rosie DiManno of the Toronto Star, is about ‘National Unity’. Ironic in a country that Dimanno explains as a place that has forgotten what life without violence is like. Unity is a far removed concept, so the irony of the President discussing this as an excuse to be seen is strange.

You see Karzai rarely ventures outside his palace, for reasons of security, as explained by DiManno, but she points it out for a far greater reason:

….because Afghan politics is largely about backroom coalition-building, the forging of alliances with unseemly but powerful kingmakers, rather than direct appeal to the citizenry.

Karzai over the years’ has seen his popularity plummet’ according to DiManno.

How does this compare to NHL Commissioner Gary Bettman?

Well, the attitude of Karzai’s pre-election campaigning seems to be different than the attitude of Gary Bettman who doesn’t have to worry about the citizens (the fans), as he is not voted in by the fans.

No, Gary Bettman is more concerned with the ‘poweful kingmakers’ that keep him in his seat of authority, and not the fans. He does not too often have to discuss issues with them.

The question at this point begs the question as to what the ‘kingmakers’ are telling him. What is it they want these days?

With the Phoenix Coyotes case exposing a few tidbits of information making the ‘people’ question motives of the Board of Governors, will a fan outcry be required to make the kingpins listen?

In another article in the Toronto Star of today, the NHL is shown to be worried that the youth of today are less inclined to have loyalty to sport as their entertainment choice.

Perhaps the NHL would be wiser then to listen more to the fans, especially those in Canada, where hockey is embraced the most.

And, Toronto is in the greatest trouble. With teens less drawn to the NHL Toronto Maple Leafs than in other provinces. Could it be the greed of the MLSE that has added to the dilemma? Are there kingpins in Toronto that Gary Bettman is getting an earfull from?

The Phoenix Coyotes court battle shows the NHL’s philosophy about battling to the end is similar to the attitude of the situation in Afghanistan.

The only difference is there is no public election that Gary Bettman needs to concern himself with. But this might lend itself to a false sense of security.

Gary Bettman and the NHL had better start looking to Afghanistan for direction, and perhaps change the constitution to be a democratic process that serves it’s fans.

Or, the NHL may get their way, but in the end have nobody too interested in their good boys club, or the product they offer.

Please visit http://makeiteighteh.com for more information on the current Phoenix Coyotes case.

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